HF 3863

as introduced - 91st Legislature (2019 - 2020) Posted on 02/26/2020 02:42pm

A resolution
memorializing the President and Congress; urging passage of the Adoptee Citizenship
Act of 2019.

WHEREAS, since the close of World War II, over 350,000 children have been adopted from
abroad by United States citizen parents; and

WHEREAS, the Child Citizenship Act of 2000 aimed to provide equal treatment under United
States law for adopted and biological children by granting automatic citizenship to internationally
born adoptees. However, when the act became law, it did not apply to internationally born adoptees
who were already over the age of 18 and adoptees who entered the United States through
nonimmigration visas; and

WHEREAS, as a result, thousands of legally adopted individuals who were born before
February 27, 1982, and raised in the United States remain without citizenship and are therefore
potentially subject to deportation. These adoptees' parents did not complete necessary processes to
provide their adopted children with citizenship or, in many cases, even a green card; and

WHEREAS, several deportations of individuals who were legally adopted from foreign
countries have already taken place, breaking up families and returning the deported individuals to
places where they were born but do not speak the language, understand the culture, or have any
connections; and

WHEREAS, adoptees who do not have citizenship have come from countries including
Argentina, Brazil, Colombia, Costa Rica, Germany, Guatemala, El Salvador, India, Ireland, Haiti,
Iran, Japan, Mexico, Panama, the Philippines, Russia, Ukraine, and Vietnam. There are an estimated
18,000 Korean-American adoptees alone who do not have American citizenship despite having
been adopted; and

WHEREAS, two bills which would have granted citizenship to all adult adoptees were
introduced with bipartisan support in the 114th Congress, the Adoptee Citizenship Act of 2015 and
the Adoptee Citizenship Act of 2016. Neither bill was referred out of committee for a Congressional
vote; and

WHEREAS, both bills sought to amend the Immigration and Nationality Act to grant automatic
citizenship to all qualifying children adopted by a United States citizen parent, regardless of the
date on which the adoption was finalized. Citizenship would be granted to any individual who was
adopted by a United States citizen before age 18, was physically present in the United States in the
citizen parent's legal custody pursuant to a lawful admission before the individual reached age 18,
never previously acquired United States citizenship, and was lawfully residing in the United States.
The bills also would have given adult adoptees who had already been deported the opportunity to
return to the United States; and

WHEREAS, when a biological child of United States citizen parents commits a crime, the
child is not subject to deportation. It is discrimination for the adopted child of United States citizen
parents to then be subject to deportation; and

WHEREAS, the Adoptee Citizenship Act of 2016 stipulated that a visa may not be issued
to an adoptee unless the individual was subjected to a criminal background check and the Department
of Homeland Security and Department of State coordinated with law enforcement agencies to
ensure that appropriate action is taken to resolve such criminal activity. In the cases in which
criminal activity has been properly resolved, the individuals would be eligible for United States
citizenship; and

WHEREAS, the Adoptee Citizenship Act of 2019 was introduced into the 116th Congress
to grant United States citizenship to all adoptees who have entered the United States on a valid
visa, including those who have been inhumanely deported; and

WHEREAS, naturalization of adult adoptees who immigrated to the United States under the
promise of finding a permanent home is necessary to ensure that they are not forcibly removed
from what has become their home country; and

WHEREAS, the state of Minnesota has played a distinct and important part in the history
and development of international adoption, specifically that of Korean adoption, and is currently
home to over 10,000 foreign-born Korean adoptees; and

WHEREAS, the state of Minnesota does not condone the deportation of individuals who
were legally adopted into American homes and should have every expectation that their citizenship
matches that of their adoptive parents. Further, the state welcomes broad legislation that will provide
a pathway to citizenship for all adult adoptees whose adoptive parents did not complete the
naturalization process while they were children; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it supports the President
and the Congress of the United States to grant, as a civil right, automatic citizenship to all qualifying
children adopted by a United States citizen parent, regardless of the date on which the adoption
was finalized; condemns the deportation of individuals who were adopted into American homes
and should have every expectation that their citizenship matches that of their adoptive parents; and
welcomes legislation that will provide citizenship for all adult adoptees whose adoptive parents
did not complete the naturalization process while they were children.

BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota urges the
Congress of the United States and the President of the United States to enact legislation securing
the citizenship of all internationally adopted children who are now adults.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the
President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
States House of Representatives, and Minnesota's Senators and Representatives in Congress.